Application for licence
Open ↗(1) An application for a licence under this Part shall be made to the Board on the prescribed form in the prescribed manner.
(2) In addition to any other information which may be required to be given under this Act, the applicant shall give to the Board the following information which is required for the discharge of its functions in relation to the application:
(a) complete information on the details of the route which is related to the application;
(b) a letter of approval from the relevant local authority regarding the usage of stops or terminal facilities in the area of administration of the local authority where the route is located;
(c) a justification report for the route; and
(d) any other information as may be determined by the Board.
(3) The Board may refuse to register, proceed with or hear or determine an application, and may require that the application be appropriately amended or completed and resubmitted or that a fresh application be submitted in its place if—
(a) the application form as prescribed is not duly completed by reason of any omission or misdescription;
(b) the application form contains any error or alteration; or
(c) the application does not comply with any other prescribed requirement.
Powers of the Board
Open ↗(1) Subject to this Act, the Board on an application for a licence under this Act shall have full power in its discretion—
(a) to grant the application in full or in part;
(b) to grant a licence in respect of motor vehicles other than those involved in the application;
(c) to grant a licence of a different class or for a different maximum permissible laden weight, passenger capacity or type of goods to be carried from that specified in the application;
(d) to grant a licence in which the area or time of operation is different from that specified in the application; or
(e) to refuse the application.
(2) A person may be the holder of two or more licences, whether of the same class or of different classes.
Duration of licences
Open ↗(1) (a) A licence issued under this Act shall, unless replaced or revoked, continue in force for such period as may be determined by the Board at the time the licence is granted.
(b) The period that may be determined by the Board under paragraph (a) shall not exceed seven years.
(c) When a licence is granted under this Act, the Board shall specify the date on which the licence is to come into force and the date of its expiry, and such dates shall be inserted in the licence when it is issued.
(2) If on the date of the expiration of a licence (other than a short term licence) granted under section 16, proceedings are pending before the Board on an application by the holder of the licence for the renewal of such licence under section 21, such licence shall remain in force until the application is disposed of, but without prejudice to the exercise in the mean time of the powers of suspension or revocation conferred by this Act.
Short term licences
Open ↗(1) Where an application has been made for a licence to be granted under this Act, the Board may, if for administrative reasons or on the ground of the urgency of the matter it thinks it desirable so to do pending the determination of the application, grant to the applicant a short term licence for such period and subject to such conditions as it thinks fit.
(2) A short term licence shall cease to have effect from the date on which the Board gives its decision on the application and in no case shall have effect for more than twelve months.
Conditions which may be attached to licence
Open ↗(1) Subject to this Act, the Board may attach to any licence granted under this Act such conditions as it may think fit and in particular—
(a) in relation to a specified class of public service vehicles licence—
(i) that specified fares shall be charged;
(ii) that where desirable in the public interest, the fares shall be so fixed as to prevent wasteful competition with alternative means of transport, if any, along the route or any part thereof or in proximity thereto;
(iii) that the service shall be operated within the specified areas or routes and in accordance with a specified time-table or in accordance with specified hours of operation and specified frequency;
(iv) that copies of the time-table and fare-table shall be carried and displayed in vehicles used on the service and shall be liable for inspection;
(v) that passengers shall not be taken up or set down except at points specified in the licence or shall not be taken up or set down between specified points;
(vi) that passengers in excess of a specified number shall not be carried;
(vii) that the holder of the licence or certain specified persons only shall drive or operate the vehicle;
(viii) that the authorized vehicle is installed with a ticket machine or equipment of the latest technology as may be determined by the Board;
(b) in relation to a goods vehicle licence—
(i) that the authorized vehicle shall or shall not be used in specified areas or between specified places or during specified times;
(ii) that the authorized vehicle shall or shall not be operated in areas other than the areas for which the licence was issued;
(iii) that certain classes or description of goods only shall or shall not be carried;
(iv) that goods shall or shall not be carried for specified persons;
(v) that the charge or the maximum or minimum charges to be made for the carriage of goods, the labour charges for the loading and unloading of vehicles and the charges for the demurrage of vehicles shall be as determined by the Board;
(vi) that the laden weight of any authorized vehicle shall not exceed a specified maximum;
(vii) that explosive, inflammable, poisonous or dangerous goods or goods which give off an offensive smell shall be carried in a specified manner and that specified precautions shall be taken in relation to the carriage of such goods;
(c) in relation to a carrier’s licence ‘A’ which has no restriction on the type of goods to be carried, that the carriage of goods shall not be refused without reasonable excuse;
(d) (Deleted by Act A1024);
(e) in relation to all licences—
(i) that the wages, conditions and hours of employment of persons employed in connection with the authorized vehicle or authorized service shall conform to certain specified requirements;
(ii) that documents relating to the goods or passengers shall be carried on the authorized vehicle;
(iii) that the issue and control of tickets for passengers and consignment notes for goods and the numbering or marking of such goods in such manner as to enable
them to be readily identified shall conform to the requirements of the Board;
(iv) that the holder of the licence shall keep and produce on demand for inspection and verification specified accounts, documents and records;
(v) that the safety and convenience of passengers on vehicles and persons on roads shall be promoted;
(vi) that the authorized vehicle is kept in a designated place.
(2) The Board may, at any time and from time to time in its discretion, add, cancel or vary any of the conditions attached to a licence under this section.
(3) The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions attached to the licence under this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(4) In the case of a vehicle used for the transportation of goods and in respect of which a licence under this Act has been issued, the holder of the licence or any other person who causes or permits the vehicle to be used by any person shall, if the person who uses the vehicle fails to comply with any of the conditions attached to the licence under this section, be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Statutory conditions of licence
Open ↗(1) It shall be a condition of every licence granted under this Act—
(a) that the authorized vehicle is maintained in a fit and serviceable condition as determined by the Director General;
(b) that any provision contained in any written law with respect to limits of speed, weight laden and unladen and the loading of vehicles is complied with in relation to the authorized vehicle;
(c) that section 40 is complied with.
(2) The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions under this section, shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) Where a court has found the holder of the licence or any person using, causing or permitting the use of a vehicle guilty of failing to comply with any of the conditions specified in paragraph (1)(a) or (b), the court shall send notice of such finding of guilt to the Board and, where applicable, in respect of such person found guilty of using, causing or permitting such use, to the Director General by whom the vocational licence was granted.
Application for approval to participate in business or agreement
Open ↗(1) If the holder of a licence that is a company or a partnership or a firm intends to participate in any business or agreement that would cause—
(a) any change in the equity structure; or
(b) any change in the members of the Board of Directors,
of the company, partnership or firm, as the case may be, the holder of the licence shall obtain the approval of the Board before participating in the business or agreement.
(2) The Board may, upon receipt of the application under subsection (1), approve or reject the application and, if the Board approves the application, it may impose any condition as it thinks fit.
(3) The holder of a licence who fails to comply with this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Application for renewal of licence
Open ↗(1) Subject to subsections (2) and (3), any person who is a holder of a licence under this Act, who satisfies the Board that since the date the licence is granted, he has lawfully and continuously carried on, in a satisfactory and efficient manner, a transport service in accordance with the terms and conditions of the licence, shall on application to the Board for renewal of the licence, be given preference over all other applications for a licence to carry on a transport service substantially the same as that which the licence holder has been providing.
(2) An application for renewal of a licence under subsection (1) shall be made before the date of the expiration of the existing licence.
(3) If the applicant fails to comply with subsection (2) and offers no reason which the Board thinks as reasonable, the Board may refuse to proceed with, hear or determine such application.
Documents required for renewal of licence
Open ↗(1) In addition to any other document which may be required under this Act, an application for a renewal of a licence shall be accompanied with the following documents:
(a) an audited financial statement of the applicant; and
(b) a performance report of the previous year relating to—
(i) the total number of passengers or total volume of goods carried;
(ii) the total number of operation and revenue mileage;
(iii) the total actual number of trips operated and scheduled; and
(iv) the estimated number of vehicles that are required to provide efficient service for a particular route.
(2) Notwithstanding subsection (1) the Board may require any additional documents to be submitted by the applicant for the renewal of licence.
Application for variation
Open ↗Subject to this Act, on an application by the holder of a licence for a variation of the licence or the conditions thereof, the Board shall have full power in its discretion—
(a) to grant the application in full or in part;
(b) to refuse the application; or
(c) to order any variation of the licence or the conditions thereof other than the variation specified in the application.
Temporary change of use of a public service vehicle
Open ↗Notwithstanding anything contained in this Act, the Board may, on an application, authorize for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the holder of a public service vehicle licence of a particular class to use the authorized vehicle as a public service vehicle of any other class.
Temporary use of ‘C’ vehicle as ‘A’ vehicle
Open ↗Notwithstanding anything contained in this Act, the Board may in exceptional cases, on an application, authorize for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the holder of a carrier’s licence ‘C’ to use the authorized vehicle for the carriage of goods for hire or reward.
Power to revoke or suspend licence
Open ↗(1) The Board may revoke or suspend any licence granted under this Act—
(a) on the ground that any of the provisions of this Act or any other written law or that any of the conditions of the licence has not been complied with;
(b) on the ground that the grant of the licence was induced by a false representation of fact by or on behalf of the holder; or
(c) where it is satisfied that the motor vehicle has been or is intended to be used for an unlawful purpose or that the original purpose for which the licence was issued no longer exists:
Provided that the Board shall not revoke or suspend the licence on the ground of the breach of any of the conditions unless it is satisfied, after giving the holder of the licence an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed
wilfully or to the danger to the public involved in the breach, the licence should be revoked or suspended.
(2) For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 20(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.
(3) Where a licence has been revoked or suspended, it shall have no effect from the date of revocation or during the period of suspension, as the case may be.
Prohibition in relation to suspended licence
Open ↗(1) The holder of a licence whose licence has been suspended under section 25 shall not, during the period of suspension, use, cause or permit the use of a vehicle to which the licence relates.
(2) Any holder of a licence using, causing or permitting the use of a vehicle when the licence in respect of the vehicle is suspended under section 25 shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Power of the Board to replace licence
Open ↗(1) The Board shall, in the exercise of its discretion, have the power to replace a licence with a licence of a different class or for a different maximum permissible laden weight or seating capacity or type if the Board is satisfied that there is a need for the carriage of goods that is different from the class of licence granted under this Act for the purpose of—
(a) reorganizing or consolidating the services provided by the holder of licences of different classes; or
(b) reorganizing or consolidating the services provided by the holder of the licences of the same class.
(2) Before replacing a licence under subsection (1) the Board shall issue a written notice not less than one year before the proposed date of replacement to the holder of the licence stating the intention of the Board to replace the licence.
(3) A licence replacing any licence under subsection (1) shall be effective from the date of replacement.
(4) Upon the coming into effect of the replacement licence, the licence which is replaced under subsection (1) shall be void and shall be surrendered to the Board.
Protection of public interest
Open ↗Save as otherwise expressly provided, nothing in this Act shall be deemed to confer on the holder of a licence or holder of an intermediation business licence under this Act, any right to the continuance of any benefits arising from the provisions of this Act, or from any licence or intermediation business licence granted or deemed to be granted thereunder or from any conditions attached to any such licence or intermediation business licence.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
